Chapter 60 — Chapter 60

The director or the director's designee may enforce by injunction in district court the laws relating to conveyances and rules adopted by the division. History: Laws 2023, ch. 197, § 14.

An apprenticeship training program for an elevator mechanic shall be registered with and approved by the United States department of labor or the workforce solutions department for providing education and skills training in the conveyance industry. History: Laws 2023, ch. 197, § …

As used in the Elevator Safety Act: A. "apprentice" means an individual who is learning a trade from a licensed employer and participates in a registered apprenticeship program; B. "certificate of operation" means a document issued by the division that indicates the conveyance ha…

The following are exempted from the provisions of the Elevator Safety Act: A. material hoists; B. boom lifts; C. mobile scaffolds, towers and platforms; D. powered platforms and equipment for exterior and interior maintenance; E. conveyors and related equipment; F. cranes, derric…

The division shall: A. enforce and administer the provisions of the Elevator Safety Act in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978]; and B. adopt rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] to enforce and admin…

requirements. A. A person shall not erect, construct, install, service, test, repair, alter, maintain, remove or dismantle any conveyance contained within a building or structure unless the person is a contractor licensed by the division to perform such work. A contractor shall n…

certifications. A. A person wishing to engage in the trade of installing, altering, servicing, repairing, testing, erecting, maintaining, removing or dismantling a conveyance contained within a building or structure shall apply for the appropriate license with the division on for…

continuing education. A. The division may issue a license or certificate pursuant to the Elevator Safety Act that is valid for up to four years. B. The renewal of a journeyman elevator mechanic's certificate shall consist of not less than eight hours of continuing education instr…

By January 1, 2026, the owner or lessee of every existing conveyance shall register with the division a conveyance owned and operated by the owner or lessee and provide the type of conveyance, its rated load and speed, the name of the manufacturer, its location, the purpose for w…

codes. A. A contractor licensed pursuant to the Elevator Safety Act shall ensure that installation or service and maintenance of conveyances are performed in compliance with all laws, ordinances and rules, including fire and building codes. B. All electrical work performed pursua…

Chapter 60, Article 14 NMSA 1978 may be cited as the "Manufactured Housing Act." History: 1953 Comp., § 67-41-1, enacted by Laws 1975, ch. 331, § 1; 1983, ch. 295, § 7.

A. Except as provided in Subsection C of this section, no certificate of qualification shall be issued to any individual desiring to be a qualifying party until he has passed with a satisfactory score an examination prepared, administered and graded by the division. B. The examin…

The division shall by regulation establish reasonable annual license fees, fees for examinations and inspection and permit fees. Fees shall be set to reflect the actual cost of licensing and regulation, and in the case of the examination they shall reflect the actual cost of prep…

Any license or certificate of qualification issued by the division shall be suspended for a definite period or revoked under the procedures of the Uniform Licensing Act [61- 1-1 to 61-1-31 NMSA 1978] by the committee for any of the following causes: A. if a licensee or a qualifyi…

The records, automobiles, field equipment, office furniture and office equipment and the records of the mobile housing commission shall be transferred to the mobile housing division on the effective date of the Commerce and Industry Department Act. The regulations and all license…

The division or committee may designate a hearing officer to preside over and take evidence at any hearing held pursuant to the Manufactured Housing Act. History: 1953 Comp., § 67-41-14, enacted by Laws 1975, ch. 331, § 14; 1977, ch. 245, § 228; 1983, ch. 295, § 19.

suspension; revocation. In addition to the other duties imposed on the committee and division under the Manufactured Housing Act, the committee and division shall receive complaints from any consumer who claims to be harmed by any licensee and shall attempt to have the complaints…

History: Laws 1983, ch. 295, § 21; 1987, ch. 333, § 7; 1993, ch. 170, § 1; 2000, ch. 4, § 8; repealed Laws 2005, ch. 208, § 27.

manufacturers and installers; penalties. It is unlawful for any person to act in the capacity of a dealer, broker, salesperson, repairman, manufacturer or installer within the meaning of the Manufactured Housing Act without a license required by that act. Any person who conspires…

The division or committee may enforce the provisions of the Manufactured Housing Act by injunction, mandamus or any proper legal proceeding in the district court of the county in which the offense was committed. History: 1953 Comp., § 60-14-18, enacted by Laws 1979, ch. 351, § 2;…

A. Any person who knowingly and willfully violates a provision of the Manufactured Housing Act or any rule, regulation or administrative order of the committee or division in a manner that threatens the health or safety of any purchaser or consumer is guilty of a misdemeanor and …

As used in the Manufactured Housing Act: A. "broker" means any person who, for a fee, commission or valuable consideration, lists, sells, offers for sale, exchanges, offers to exchange, rents or leases or offers to rent or lease pre-owned manufactured homes for another person or …

The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Manufactured Housing Act. History: Laws 1983, ch. 295, § 25. ARTICLE 15 Crane Operators Safety

It is the intent of the legislature that the large and growing manufactured housing industry be supervised and regulated by a division of the commerce and industry department [regulation and licensing department]. The purpose of the Manufactured Housing Act [Chapter 60, Article 1…

The division shall: A. prepare, administer and grade examinations for licensure under the classification sought by each applicant; B. issue licenses and certificates of qualification in accordance with the provisions of the Manufactured Housing Act; C. establish and collect fees …

compensation; duties. A. There is created within the division the "manufactured housing committee". It shall be composed of seven members who are residents of New Mexico and who shall serve at the pleasure of the governor and be appointed by the governor as follows: (1) one membe…

manufacturers, repairmen and installers. A. The division, with the approval of the committee, may by regulation require each dealer, broker, salesperson, manufacturer, repairman and installer to furnish and maintain with the division a consumer protection bond underwritten by a c…

A. No person shall engage in business as a manufacturer, dealer, broker, repairman, installer or salesperson unless licensed as provided in the Manufactured Housing Act or the Construction Industries Licensing Act [Chapter 60, Article 13 NMSA 1978]. B. The committee shall adopt r…

The provisions of Section 60-14-7 NMSA 1978 shall not apply to: A. licensed real estate brokers or salesmen acting as agents for another person in the sale of real property on which is located one or more manufactured homes whose installation has been approved as provided in regu…

A. Application for a license required under Section 60-14-7 NMSA 1978 for one of the classified occupations, or for a certificate of qualification of a qualifying party of a licensee other than an individual licensee, shall be submitted to the division on forms prescribed and fur…

Chapter 60, Article 15 NMSA 1978 may be cited as the "Crane Operators Safety Act". History: Laws 1993, ch. 183, § 1; 1995, ch. 138, § 1; 2017, ch. 31, § 1.

ANNOTATIONS Repeals. — Laws 1995, ch. 138, § 10, repealed 60-15-10 NMSA 1978, as enacted by Laws 1993, ch. 183, § 10, creating the Hoisting Operators Fund, effective July 1, 1995. For provisions of former section, see the 1994 NMSA 1978 on NMOneSource.com.

work orders; injunctive proceedings; violations. A. Notwithstanding any other provision of the Crane Operators Safety Act, the department upon reasonable cause that a violation of the provisions of the Crane Operators Safety Act or a rule adopted pursuant to that act has occurred…

appeals. The superintendent shall, before denying a license to an applicant, or revoking or suspending a license for a violation of any provision of the Crane Operators Safety Act, provide for a hearing pursuant to the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NM…

A. A person who engages in unlicensed operation may be assessed an administrative penalty not to exceed one thousand dollars ($1,000). B. An employer, firm, partnership, corporation, association or other organization that knowingly violates the provisions of the Crane Operators S…

A. The "crane operators licensure examining council" is created. The members of the council shall serve at the pleasure of the superintendent. The superintendent shall appoint at least five members to the council with consideration given to geographical representation and proport…

appropriation. A. The "Crane Operators Safety Act fund" is created in the state treasury. The fund shall consist of legislative appropriations to the fund; fees charged by the department pursuant to the Crane Operators Safety Act; gifts, grants, donations and bequests to the fund…

The purpose of the Crane Operators Safety Act is to promote the general welfare and protect the lives and property of the people of New Mexico by requiring persons operating cranes to be trained and licensed when employed in construction, demolition or excavation work. History: L…

As used in the Crane Operators Safety Act: A. "class I crane operator" means a person who is authorized to operate a crane of any size or weight; B. "class II crane operator" means a person who is authorized to operate: (1) a hydraulic crane of up to one hundred tons lifting capa…

A. No person shall operate a crane in construction, demolition or excavation work unless the person is licensed under the Crane Operators Safety Act or exempt pursuant to Subsection D of this section. B. Operating a crane without a license shall be considered unlicensed operation…

History: Laws 1993, ch. 183, § 5; Laws 1995, ch. 138, § 4; repealed Laws 2005, ch. 52, § 5.

A. The department shall enforce and administer the provisions of the Crane Operators Safety Act. B. The department shall adopt rules to carry out the provisions of the Crane Operators Safety Act and to meet the occupational safety and health administration crane certification req…

A. The department shall issue a license for a class I crane operator with an endorsement to an applicant who files a completed application, accompanied by the required fees, and who submits satisfactory evidence that the applicant: (1) is at least twenty-one years of age; (2) has…

A. A license issued pursuant to Section 60-15-7 NMSA 1978 shall be valid for two years from the date of issuance. B. License renewal procedures shall be prescribed by the department by rule. C. Any license not renewed by the expiration date shall be considered expired, and the li…

Applicants for licensure shall pay a fee set by the department not to exceed: A. seventy-five dollars ($75.00) for an initial license or a renewal; and B. five dollars ($5.00) per month in late fees for failure to renew a license within the allocated time period. History: Laws 19…

This act [60-16-1 to 60-16-8 NMSA 1978] may be cited as the "Pecan Buyers Licensure Act". History: Laws 2018, ch. 47, § 1.

As used in the Pecan Buyers Licensure Act: A. "buyer" means a person engaged in the business of purchasing in-shell pecans from a pecan producer and includes an accumulator, buying station, cleaning plant, sheller, dealer or broker; B. "buying location" means a physical location …

powers and duties; rulemaking. A. The department shall: (1) establish an in-shell pecan licensing and inspection program directed at buyers of in-shell pecans; (2) adopt rules to carry out the provisions of the Pecan Buyers Licensure Act; and (3) collect a reasonable annual licen…

A. A license is required for: (1) the purchase of in-shell pecans by a buyer; and (2) each buying location used by a buyer. B. On an annual basis, a buyer shall submit an application to the department for a license. The information required on the application shall be established…

A. A buyer shall: (1) not purchase in-shell pecans without a valid license; (2) comply with the provisions of the Pecan Buyers Licensure Act and adopted rules; (3) comply with state and federal requirements related to the movement of in- shell pecans; (4) ensure that all of the b…